The shocking video shows Holland and Evans hitting the frightened student with a fly swatter, kicking and even choking him. Unable to defend himself because of his seat restraints, the boy appears to be crying as he swings his arms and legs to block the blows.

Kilpatrick's exact age is unclear, as reports of the incident state him to be anywhere between 11 and 14 years old.

"This is a lawsuit that brings up important questions about the safety of our children," the family's attorney, P. Brent Brown, told the station.

WSET 13 reported that a spokesman for the Bedford County schools said both the bus driver and special education assistant ceased to be employed by the school system shortly after the abuse caught on tape in 2009. But Brown says the boy's father alerted school officials that he suspected abuse when Timothy departed the bus with marks on his face a full year earlier.